AB 1861

Bill Subjects

Abstract

Existing law makes it a felony to engage in certain acts with a minor, including willfully and lewdly committing any lewd or lascivious act with a child who is under 14 years of age. Existing law also provides that any elected public officer who takes public office, or is reelected to public office, on or after January 1, 2006, who is convicted of any specified felony arising directly out of his or her official duties, forfeits all rights and benefits under, and membership in, any public retirement system in which he or she is a member, effective on the date of final conviction, as specified. This bill would make it a felony for any person who is a teacher or employee at a public or private elementary or secondary school to engage in a sexual relationship or inappropriate communications, as defined, with a pupil of any age who is enrolled in the school. This bill would also require a teacher or employee at a public elementary or secondary school who is convicted of a felony pursuant to those provisions to forfeit all rights and benefits in any public retirement system in which he or she is a member, effective on the date of conviction, as specified. The bill would require any contributions made by that teacher or school employee to the public retirement system to be returned to the teacher or school employee without interest. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.